QUESTION:
Do residents have to provide a resale disclosure statement when they sell their mobilehome as-is?
ANSWER:
As a measure of consumer protection, mobilehome resale disclosure (Civil Code §1102.6d) became effective in January 2000, making mobilehome sellers and their agents responsible for providing prospective buyers, by close of escrow, with a resale disclosure statement. The form requires the seller to check off a list of conditions or defects that may affect the value or condition of the home. The seller is not subject to a penalty or fine for failing to provide the disclosure to the buyer, and the fact that disclosure was not made does not invalidate the sale of the home. However, after purchasing the home, if the buyer discovers defects that were not disclosed by the seller, the fact that the disclosure statement was not provided could affect the outcome of the seller’s civil liability in court for the defect. Real estate brokers and dealers are also subject to the disclosure requirements and sales agents almost always include the disclosure report. The state Dept. of Housing (HCD) is not required to notify selling homeowners.
Recap:
● Sellers are advised to provide a resale disclosure form, even on “as-is” sales, to avoid possible liability after the sale. (Civil Code 1102.1(a))
Resource:
California Department of Housing & Community Development.
